Table Of Contents
- What is Section 3C leave
- Your visa expired – Can Section 3C Leave protect your Immigration Status
- Variation applications during section 3C leave
- What happens to the conditions attached to your immigration leave where 3C applies
- When can your section 3C leave be cancelled
- Quashing a decision
- Summary
Section 3C leave automatically extends your current immigration permission until the application is decided (or withdrawn), when:
• You, at the time of application, have leave to enter or remain in the UK;
• you make a valid application to extend or vary that leave before your existing leave expires; and
• the application has not been decided before your original leave expires.
Section 3C prevents you from becoming an overstayer while your application, and in relevant circumstances an appeal or administrative review, is pending.
Example:
Your Skilled Worker permission expires on 1 November. You apply to extend it on 20 October. If your application is still undecided on 1 November, your existing permission continues under Section 3C.
You normally retain the conditions attached to your previous leave, such as your existing work conditions.
Section 3C, however, does not extend leave where you apply after your current leave has expired.
What is Section 3C leave?
Section 3C leave gives you legal protection under the Immigration Act 1971 – Section 3C. It can automatically extend your existing immigration permission when you make a valid, in-time application to extend or vary your leave and your current leave expires before your application is decided.
3C leave prevents you from becoming an overstayer while awaiting a decision on an in-time application to extend your leave and while any appeal or administrative review you are entitled to is pending.
Your visa expired – Can Section 3C Leave protect your Immigration Status?
Yes, but only if you make an in-time application. You will have Section 3C leave even after leave expires if:
• you have limited leave to enter or remain in the UK
• you apply to the Secretary of State (UK) for variation of that limited leave to enter or remain in the UK
• you made the application for variation of that leave before that leave expires
• your current leave expires before the application for variation has been decided
• your application for variation of leave is neither decided nor withdrawn
Variation applications during section 3C leave
You can make an application seeking to vary the:
• length of time you are permitted to remain in the UK
• the condition attached to your existing leave
• the purpose you are permitted to remain in the UK for
While section 3C extends your leave, you cannot make a new application for variation of leave to enter or remain in the UK.
However, you are allowed to amend your existing application for variation at any time before the Secretary of State decides on it.
If your application to vary your leave is refused, you can appeal or make an administrative review depending on which right you have been given. You can stay in the UK legally until your appeal or administrative review right is exhausted.
What happens to the conditions attached to your immigration leave where 3C applies?
Even when you have the Immigration Act 197 – Section 3C leave, you remain subject to the conditions attached to your extant leave (the immigration permission you already had before Section 3C extended it) unless the Secretary of State varies the conditions of your leave.
For example, you may continue to work as before if the conditions attached to your leave that has expired allowed you to take up employment in the UK. If there were any restrictions on the type of employment you are allowed to undertake or the number of hours you can work, they will still apply. The conditions attached to your leave can be varied while you are in the UK on section 3C leave.
When can your section 3C leave be cancelled?
You may have your Section 3C leave cancelled only where you have either:
• failed to comply with condition (s) attached to your leave
• used or use deception (whether successfully or not) in seeking leave to remain
Quashing a decision
Where a decision by the Secretary of State that legally brings your Section 3C leave to an end is quashed by the Courts, then it is treated as if the decision had never been made, which means your Section 3C leave will not have been brought to an end.
Example
Your original immigration permission expires, and you made a valid application before it expired. Therefore, Section 3C leave starts and continues.
• On 1 March, the Secretary of State makes a decision that legally brings your Section 3C leave to an end.
• You challenge that decision in court.
• On 1 October, the court quashes the decision.
Once the court quashes the decision, it is treated as if the 1 March decision had never been made.
Therefore, you are treated as having continued to have Section 3C leave from 1 March to 1 October.
Your Section 3C leave did not end on 1 March and then restart on 1 October.
Summary
Section 3C leave can protect your immigration status (leave to enter or remain) even after your visa expires, but only if you make an in-time application from within the UK for an extension or to vary your existing leave. Therefore, section 3C leave also prevents you from becoming an overstayer in the UK.
You must not make an invalid application. Also, any application made after your visa has expired will normally not give you section 3C leave.
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